RIVER FUEL FUNDING COMPANY #3, INC. $85,000,000 CREDIT AGREEMENT Dated as of August 12, 2005 with THE BANK OF NEW YORK as Administrative Agent JPMORGAN CHASE BANK, N.A. and MIZUHO CORPORATE BANK, LTD. as Co-Syndication Agents BARCLAYS BANK PLC and...Assignment and Acceptance Agreement • August 17th, 2005 • System Energy Resources Inc • Electric services • New York
CREDIT AGREEMENT (this "Agreement"), dated as of August 12, 2005, among RIVER FUEL FUNDING COMPANY #3, INC., a Delaware corporation (the "Company"), each of the Lenders from time to time parties to this Agreement (the "Lenders"), THE BANK OF NEW YORK, as letter of credit issuer and as Administrative Agent for the Lenders (the "Bank"), JPMORGAN CHASE BANK, N.A. ("JPM Bank"), as Co-Syndication Agent, J.P. MORGAN SECURITIES INC., as Co-Lead Arranger and Book Manager, MIZUHO CORPORATE BANK, LTD., as Co-Syndication Agent, BARCLAYS BANK PLC, as Co-Documentation Agent, WACHOVIA BANK, N.A., as Co-Documentation Agent, and BNY CAPITAL MARKETS, INC. ("BNYCMI"), as Co-Lead Arranger and Book Manager.
SYSTEM ENERGY RESOURCES, INC. 639 Loyola Avenue New Orleans, Louisiana 70113 August 12, 2005System Energy Resources Inc • August 17th, 2005 • Electric services
Pursuant to the requirements of the Fuel Lease, dated as of February 24, 1989, between River Fuel Funding Company #3, Inc. and System Energy Resources, Inc., System Energy Resources, Inc. hereby acknowledges receipt of a copy of (i) the Credit Agreement, dated as of August 12, 2005, among River Fuel Funding Company #3, Inc., The Bank of New York and the various Lenders parties thereto, and (ii) the Depositary Agreement, dated as of August 12, 2005, between River Fuel Funding Company #3, Inc. and JPMorgan Chase Bank, N.A. and approved by The Bank of New York, and consents to your entry into said Credit Agreement and Depositary Agreement.
